Thesis (Ed.D.)--Boston University

170 f. / Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2013-05-24T18:15:39Z No. of bitstreams: 1 MARINA SOARES.pdf: 618391 bytes, checksum: 2838bf155dd318b8cdcb3fe492a9e503 (MD5) / Approved for entry into archive by Ana Valéria de Jesus Moura(anavaleria_131@hotmail.com) on 2013-05-24T18:17:50Z (GMT) No. of bitstreams: 1 MARINA SOARES.pdf: 618391 bytes, checksum: 2838bf155dd318b8cdcb3fe492a9e503 (MD5) / Made available in DSpace on 2013-05-24T18:17:50Z (GMT). No. of bitstreams: 1 MARINA SOARES.pdf: 618391 bytes, checksum: 2838bf155dd318b8cdcb3fe492a9e503 (MD5) Previous issue date: 2013 / O tema do presente artigo é a competência legislativa do Município, aplicação artigo 30 da Constituição Federal de 1988, quando passou a ser considerado entidade estatal. O objetivo da pesquisa é demonstrar de que modo o artigo supramencionado deve ser aplicado, observando-se o princípio federalista, o sistema da repartição de competência, a autonomia atribuída ao ente municipal e o princípio da igualdade que deve orientar a unidade do Estado federal. Observa-se, assim, que o tema envolve a colisão entre princípios: federalista, autonomia municipal e o da igualdade. Portanto, é necessário ter uma noção de princípio, a sua concepção na sociedade contemporânea e a transição da concepção positivista para a pós-positivista no que se refere ao conceito de direito, que leva ao reconhecimento do caráter normativo dos princípios, sobretudo diante da nova perspectiva constitucionalista. Para tanto, é apresentada a teoria de Ronald Dworkin e a teoria dos princípios de Robert Alexy, e o método utilizado por este para solucionar a colisão entre princípios e o conflito entre regras. Vale ressaltar que a expressão “assunto de interesse local” prevista no artigo 30, inciso I, da Constituição gera controvérsias, inclusive no seio da Corte Suprema. O entendimento é de que deve ser excluída do alcance da competência privativa do Município as matérias de competência privativa da União com previsão no art. 22 e que a competência suplementar do Município deve complementar a legislação federal ou estadual no que couber. / Salvador

No description available.

Magister Legum - LLM / The focus of this study was on the Interim Constitution adopted on 9 July 2005 by Sudan. The significance of the federal principle both as a peacemaking device and a tool of democratisation was considered. The objective of the study was to provide an informed and well-researched estimation of the potential perils and possibilities for success of Sudan's contemporary constitutional arrangement. / South Africa

No description available.

The purpose of this thesis is to examine and re-evaluate the questions involved in federalism and political problems in Nigeria. The strategy adopted in this study is historical, The study examines past, recent, and current literature on federalism and political problems in Nigeria. Basically, the first two chapters outline the historical background and basis of Nigerian federalism and political problems. Chapters three and four consider the evolution of federalism, political problems, prospects of federalism, self-government, and attainment of complete independence on October 1, 1960. Chapters five and six deal with the activities of many groups, crises, military coups, and civil war. The conclusions and recommendations candidly argue that a decentralized federal system remains the safest way for keeping Nigeria together stably.

No description available.

The main focus of this study is on the question of why political institutions change. By extension, the study is also about explaining and predicting the direction of change. Put simply, the study postulates that political institutions will change in order to be congruent with the society. / Change is analysed within the context of two federal structures, the Federal Republic of Germany and Belgium. During the same time period from 1949 to 1993, one transformed from a unitary state into a loose federation while the decentralised federation consolidated and became central. The puzzle which the research project deals with is about this change: Why did the institutions of 1949 fail to survive? / The prevailing institutionalist logic in comparative politics would suggest that once in place, institutions would have socialised the political actors into the existing structure by providing veto points in such a way that institutions would have been reproduced over time, but this has not been the case. Furthermore, why has change come about in two opposing directions, centralising and decentralising, despite many common characteristics between the two cases? / This study is based on a theory of congruence which argues that political institutions change in order to reflect underlying societal structures. More specifically, the argument is that political institutions in federal structures change to correspond to the ethno-linguistic make-up of the country. Accordingly, the unitary state of Belgium has changed its political institutions in order to accommodate the Flemings, Walloons and Bruxellois; while Federal Germany has centralised many issues despite explicit constitutional clauses against such changes. / According to the theory of congruence, when confronted with an ethno-linguistic structure that does not match the political one, the political structure changes; not automatically, but through the pressure of public policy concerns pursued by political actors. The ethno-linguistic community is the primary collectivity for which public policy decisions are made. The choices available to political actors are constrained by the demarcations of this societal composition. Decision makers might disagree over the substance of the policies, but they share the choice of venue in the form of the ethnolinguistic 'nation'. In case of a discrepancy between the ethno-linguistic societal structure and the political structure, public policy concerns wold exert a pressure towards congruence by demarcating a social collectivity for which policies are made different from the one set up by the political institutions. Thus, if the 'nation' is bigger than the unit that marked off by political institutions, the tendency would be towards amalgamation with the other subunits of the 'nation' and centralisation. If, on the other hand, the 'nation' is smaller than the unit defined by the political institutions, there would be devolutionary pressures on the unitary institutions. / The empirical research was carried out on two policy areas, education and mass media, through a paired comparison of Flanders and Wallonia in Belgium and Baden-Wurttemberg and North Rhine Westphalia in the Federal Republic of Germany.

The government of Quebec has officially opposed federal multicultural policy since 1971. Although the provincial response to multiculturalism, now widely known as interculturalisme, began to take shape as of the early 1980s, ethnic minorities in the province continue to be served by distinct federal and provincial bureaucracies. Despite this, federal-provincial relations over ethnic policy in Quebec remain little studied. Provincial rhetoric and many theoretical writings on intergovernmental relations in Canada together give rise to expectations of competition or conflict. However, some specialists in the field warn against overlooking collaboration. In fact, original research undertaken to explore federal-provincial relations in this sensitive policy area produced evidence of collaboration between federal and provincial officials despite divergences of opinion both political and theoretical. In addition, a certain degree of complementarity was noted in federal and provincial funding of ethnocultural and community groups.

Thesis (M.A.) - Carleton University, 2003. / Includes bibliographical references (p. 134-145). Also available in electronic format on the Internet.